Legal Indemnity Checklists
Defective Title Indemnity:
   
  1. Information required in all cases:

A letter detailing:

  • the nature of the defect and a description of the Property affected with plans where necessary
  • the perceived cause of the defect and surrounding circumstances
  • the steps, if any, taken or proposed to try to remedy the defect
  • the current full value of the Property and the estimated diminution in the value of the Property as a result of the existence of the defect
  • any other information which an insurer might consider relevant e.g. Counsel's opinion
  • Office Copy Entries or an Abstract of Title and other documents where relevant, e.g. Index Map, Local Land Charges, and Commons Registration Searches
  • where a right of way or other easement is claimed full details of the nature and length of user
  • a copy of any existing, or details relating to, and/or a draft of, any proposed statutory declaration
  1. In Deed of Gift Cases
  • the reasons for the Deed of Gift
  • a copy of the completed Deed of Gift or Transfer at Undervalue
  • a declaration of solvency by the Donor

Note: a clear bankruptcy search may suffice where the Deed was completed some time previously and no contact can be established with the Donor.


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Copyrightę1998 Sarah Dresner, Legal & Insurance Services Limited
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